Recently in Suppression Issues Category

November 15, 2010

Darby Man Receives Reduced Sentence in Possession with Intent to Deliver Case

Today, my client, a 20 year old man from Darby, Pennsylvania, pled guilty to one count Possession With Intent to Deliver Cocaine before the Honorable Gregory M. Mallon in the Media courthouse. My client faced a mandatory sentence of two (2) years incarceration for this charge. He recieved an intermediate punishment sentence of three (3) months incarceration to be served on 45 consecutive weekends and 3 months of electronic home monitoring followed by 17 months probation. The original offer from the Delaware County District Attorney's Office in this case was 6-23 months incarceration. However, once my office filed a suppression motion, this opened up negotiations with the district attorney's office for a more lenient sentence.

This case arose when the Yeadon Police Department initiated a pedestrian stop on my client. My client fled police officers and entered a Darby residence. The police surrounded the home and requested consent from the owner to search the premises. The owner allegedly allowed the police to search the residence. Police found my client baracaded in the basement bathroom with 9.9 grams of cocaine, along with hundreds of baggies, $82.00 cash and two (2) cell phones.

Continue reading "Darby Man Receives Reduced Sentence in Possession with Intent to Deliver Case " »

October 27, 2010

Two Hour DUI Motions in Philadelphia are Just Plain Lip Service

In order for a defendant to be found guilty of a DUI in Pennsylvania, his or her blood alcohol concentration (BAC) test must be performed within two hours of driving or having "actual physical control" of a motor vehicle. In other words, the police have a two hour limit to take you back to the station to perform the breathalyzer or blood test. However, the DUI law also states that there are exceptions to the rule. The police may be late giving the suspect the BAC test if good cause is shown by the police. The following would be examples of good cause for failure to give the defendant a BAC test within two hours: there was traffic on the way to the DUI processing center, the officer's vehicle broke down, the officer had to restrain a violent defendant, there was a natural disaster etc. These are only examples that the judge or jury may consider as good cause to miss the two hour deadline. "Good cause" is a question for the finder of fact to determine.

Continue reading "Two Hour DUI Motions in Philadelphia are Just Plain Lip Service" »